Question to the Department for Transport:

To ask Her Majesty’s Government what discussions they have had with Network Rail over giving the company compulsory purchase powers outside its permitted development rights to enable it to obtain access to its land or achieve small enhancements, maintenance and renewals more quickly and cheaply.

There have been no general discussions between Her Majesty’s Government and Network Rail in relation to giving Network Rail additional compulsory purchase powers for the purposes mentioned. Her Majesty's Governmentand Network Rail from time to time discuss particular applications by Network Rail, under section 14 of the Railway Regulation Act 1842, in relation to obtaining temporary access to land neighbouring the railway, where this is needed for the purpose of certain safety works on the railway.

Network Rail can also apply to Her Majesty's Government, under section 15 of that Act, for a revival of the compulsory purchase powers which would originally have applied under the enabling legislation for the relevant stretch of railway; again this would be where such acquisition is needed to be able to effect safety repairs and works. Each application by Network Rail under section 14 and 15 is considered on its specific facts and the safety issues arising.

The powers of entry arising under section 14 of the 1842 Act were considered both by the Transport Resilience Review and the Powers of Entry Review under the Protection of Freedoms Act 2012. Following on from these Her Majesty's Government expects to consult with Network Rail and other stakeholders over a code of practice in relation to the use of section 14.